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Gladstones - Technical defence against PCM

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  • Kas22
    Kas22 Posts: 97 Forumite
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    Just sent an email with attachment of initial email and auto response. Will follow-up with a phone call tomorrow. Will keep you all updated!

    Thanks for the guidance (thumbs up)
  • Kas22
    Kas22 Posts: 97 Forumite
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    Redx wrote: »
    you need to contact the CCBC and put in a complaint ASAP, asking them to check for this submitted by email DEFENCE and to cancel the judgment for claimant by asking a judge to review it


    this has happened before recently so read that thread too


    Got off the phone to CCBC and sent ANOTHER email with the date the original defence was sent in the subject line. The operator mentioned that sometimes emails get missed.



    Fingers crossed the JfG get's cancelled. Now it's a waiting game.
  • Redx
    Redx Posts: 38,084 Forumite
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    good, now keep logging in online and see if it changes from what it said before to the DQ stage instead (defence submitted and at DQ stage or whatever the wording says)
  • Kas22
    Kas22 Posts: 97 Forumite
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    Some good news! After sending a couple of emails (followed by a letter), the Judgement for Claimant (in default) has been removed.


    What is shows when I login to MCOL:

    > An application to set aside (remove) judgment was submitted to the court on 02/08/2018


    > The application to set aside (remove) judgment was granted on 02/08/2018
  • Kas22
    Kas22 Posts: 97 Forumite
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    Received a letter titled "General Form of Judgement or Order' where it confirms that the judgement be set aside.

    It also states:

    "Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of the service of this Order. If the application is one which requires a hearing, and
    a) the party making the application is the Defendant; and
    b) the Defendant is an individual,
    then upon filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court."

    I didn't understand the above so called CCBC who said the judgement had been completely set aside, meaning there will be no court hearing. I initially thought the Judgement of Claimant (in default) was to be set aside and I'd proceed to a court hearing, but guess not.


    So it now appears that the order has been set aside and I'm left to dispute this with PCM (without a court hearing?).

    Not sure what to do, but guessing I should wait for Gladstone!!!8217;s to raise another court claim and start the process again?

    Or, should I start a defence in the 'Response Forms' section of MCOL, which will incur a fee?
  • Umkomaas
    Umkomaas Posts: 41,357 Forumite
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    I read that as there's no more for you to do unless/until the claimant (PCM, possibly via Gladstones) applies to the court to set aside the set aside decision (if you get the drift). In which case they have to pay the court fee and start the claim process all over again.

    There is a limited timescale in which to apply for a set aside (14 days I think - someone will hopefully confirm). I'd be surprised if you heard anything further.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Kas22
    Kas22 Posts: 97 Forumite
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    Umkomaas wrote: »
    I read that as there's no more for you to do unless/until the claimant (PCM, possibly via Gladstones) applies to the court to set aside the set aside decision (if you get the drift). In which case they have to pay the court fee and start the claim process all over again.

    There is a limited timescale in which to apply for a set aside (14 days I think - someone will hopefully confirm). I'd be surprised if you heard anything further.


    That's what I read it as... but doesn't make sense? I just wanted to set aside the Claim in Judgement (in default) and continue with the case.

    The letter states I have seven days to submit an application (Order set aside, varied or stayed), but am guessing the best port of call is to let PCM or Gladstones reapply, in which case the timeframe will be the same?

    I might not know enough about this part of the process, but am sure there are a few on here who do and can share some more knowledge and direction in this situation.
  • Umkomaas
    Umkomaas Posts: 41,357 Forumite
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    What case have you got? What do you want to achieve?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Kas22
    Kas22 Posts: 97 Forumite
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    Umkomaas wrote: »
    What case have you got? What do you want to achieve?

    It's referring to the same case this thread is about.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    From what I read, why would you want a hearing?

    The judgement was set aside. They can object, but why wouldyo uobject? They have to then ask for there ot be a hearing, and contoinue, IF they accept the set aside order without challenging it.
    You cannot do anything at this stage.

    It looks to me like, based on your 3rd august post, the set asiide of the judgement was granted on the 2nd, but intead of it being a reset because it was the courts issue, thyey have treated it more like a claimant error - and so its up to the claimant to see what they want to do.

    If they dont do antyhing within a few days after the orders 7 days you could see if the claim now shows as "stayed".
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